Blog – Page 70

House Education Advances Four Senate Bills

House Committee

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February 28, 2022

House Education Advances Four Senate Bills

The Education Committee met this afternoon.

Senate Bill 22 exempts churches from paying property taxes, even when leasing out to a school, daycare center or not-for-profit organizations. The bill advances.

Senate Bill 216 creates Student Journalism Press Freedom Act, which requires that public colleges and universities allow for the free expression of student journalists in school sponsored media. The bill advances.

Senate Bill 246 requires newly constructed public-school buildings and existing public-school buildings undergoing a major improvement to have water bottle filling stations. The bill also requires county boards to permit students in schools with water bottle filling stations to carry water bottles. The bill advances.

Senate Bill 261 requires video cameras in certain special education classrooms. The school principal is designated to be the custodian of the video camera, all recordings, and access to those recordings. The bill advances to Finance.

House Passes Multi-Tiered System for Grade-Level Literacy and Numeracy

House Floor Session

Cheyenne DeBolt

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February 28, 2022

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House Passes Multi-Tiered System for Grade-Level Literacy and Numeracy

The House passed 13 bills today and adopted nine resolutions.

House Bill 4408 extends the existing authority of the Director of Natural Resources to enter into third-party contracts for the financing, construction, and operation of recreational, lodging, and ancillary facilities to all West Virginia state parks, state forests, and state rail trails.

House Bill 4510 provides for a multi-tiered system of support intervention for grade-level literacy and numeracy by the end of third grade. The bill requires the retention of a student in the third grade if the student isn’t on the level to move on to the fourth grade.

This bill had plenty of floor discussion. It was said there is already $5.7 billion in the K-12 budget for this kind of intervention system.

Opponents worry about the increased workload on K-3 teachers due to extra paperwork, meets with parents, etc. Opponents also stated this isn’t the way to fix the problem. One opponent stated the change should be happening at the curriculum level. Some feared holding a student back could make them feel bad.

Proponents of the bill stated the importance to get the K-3 foundations in before being propelled forward. If a child does not have the basics, it will be difficult for them to excel in fourth grade and beyond. They stated that the system will provide tools for both parents and teachers. Proponents felt this is an opportunity to put one piece of the puzzle in place to help children excel.

After a lengthy debate, the bill advanced 84 to 11.

House Bill 4657 creates the Rare Earth Element and Critical Mineral Investment Tax Credit.

House Bill 4660 establishes the status of beds when an intermediate care facility for individuals with intellectual disabilities germanely closes.

The House is adjourned until 9 a.m. Tuesday, March 1, 2022.

Committees – Today

The Committee on Agriculture and Natural Resources will meet at 2:45 p.m. in Room 215E.

The Committee on Pensions and Retirement will meet at 3 p.m. in Room 460.

The Judiciary Committee will meet at 2 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Committee on Technology and Infrastructure will meet at 3:45 p.m. in Room 410.

The Education Committee will meet at 4 p.m. in Room 434.

Public Hearings

The Government Organization Committee will hold a Public Hearing on February 28, 2022 at 6 p.m. in the House Chamber for House Bill 4840 – Relating to Office of Miners Health.

Committees – Tuesday, March 1, 2022

The Rules Committee will meet at 8:45 a.m.

The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.

Senate Passes Bill to Crack Down on Fentanyl Dealers

Senate Floor Session

Christopher Marshall

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February 28, 2022

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Senate Passes Bill to Crack Down on Fentanyl Dealers

The Senate passed a bill on Monday that would enhance the criminal penalties for those that transport and deal fentanyl in West Virginia.

Senate Bill 536, a Governor’s bill, would increase the fine on fentanyl dealers to up to $50,000, and would increase the prison sentence to no less than three years. These offenders would not be eligible for probation and could not be paroled.

This legislation now goes to the House of Delegates for consideration.

The Senate is in recess until 5 p.m.

Afternoon Committees:

Education at 1 p.m. in 451M.

Government Organization at 1 p.m. in 208W.

Finance at 2 p.m. in 451M.

Judiciary at 2 p.m. in 208W.

House Bill 2908 Rejected by House Judiciary

House Committee

Cheyenne DeBolt

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February 25, 2022

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House Bill 2908 Rejected by House Judiciary

The House Judiciary Committee met three times today.

In the morning meeting, the committee discussed the following:

House Bill 4353 provides that all local elections be held on a date that a statewide election is being held. The bill advances to the floor.

House Joint Resolution 104 limits the number of consecutive terms any individual serving in the office of Secretary of State Auditor, State Treasurer, Commissioner of Agriculture, or Attorney General to three consecutive terms. The resolution advances without amendment.

House Bill 4629 authorizes the Attorney General or the chief officer of the subject government agency to may issue a response to the potential claimant within 60 days of receipt of the notice to file suit to toll the statute of limitations during pre-suit negotiations for action against the state, afford a 90 day time to file suit absent pretrial negotiation, and dismiss claims absent suit filed within this 90 days. Action on the bill was delayed to perfect amendments. The bill was brought back before the committee in the evening meeting to hear amendments. The amended bill advances.

House Bill 4050 defines livestock in the General Stock Law, which involves livestock trespassing on the property of another.

House Bill Originating, relating to missing persons, works to improve the search and finding of missing persons. The bill advances.

House Bill Originating, relates to flying under the influence, advances to the floor.

The Committee recessed.

The Committee reconvened after the floor session and considered the following:

House Bill 2908 requires high-volume third-party sellers to provide information to online marketplaces and disclose certain information to the consumers within 24 hours. A high-volume third-party seller is someone who sells on an online marketplace and has completed 200 or more transactions totaling $5,000 or more in gross revenues.

Proponents stated that a lot of this information is already being provided somewhere in the process. Proponents see this as an opportunity to stop organized retail theft, as individuals are reselling the products online after stealing. Opponents noted that this bill could affect small business owners selling on Amazon due to the time limit of 24 hours. Opponents said this is creating a registry of small businesses.

The motion to report to the floor was rejected on a vote of 9 in favor and 13 against.

House Bill Originating excludes up to $100,000 from life insurance policies and $20,000 of an annuity from creditors in a bankruptcy proceeding. The bill advances to the House floor.

House Bill 4293 prohibits the delivery of unsolicited absentee ballot applications to any person who has not specifically requested from the county clerk. The subcommittee amended the bill by removing the felony penalty which was in the original bill. The amended bill stated that the act must be knowingly and willfully.

If an election official knowingly and intentionally mails out an unsolicited absentee ballot application, it’s a misdemeanor. If any other person knowingly and intentionally mails out 10 or more unsolicited absentee ballot applications, it’s a misdemeanor.

The bill advances.

House Bill 4066 expands the prohibition on distracted driving of motorists utilizing a wireless communication device or standalone electronic device. The bill advances to the floor.

House Bill 2751 establishes a system to remediate fiscal emergencies of local government and modernize the process for dissolution of municipal corporations in WV. The bill advances.

House Concurrent Resolution 31 applies to the US Congress to call a convention to propose amendments that would impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and members of Congress.

The committee recessed. The committee reconvened after the evening floor session and continued consideration of House Concurrent Resolution 31.

Two-thirds of the states must submit identical resolutions calling for a Convention of States for one to take place.

The bill advances.

It was moved that House Bill 4011 – Establishing the Anti-Stereotyping Act be put into a study resolution and be explored over the summer. The bill motion was adopted.

Senate Passes Rails to Trails Bill

Senate Floor Session

Christopher Marshall

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February 25, 2022

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The Senate passed a bill Friday that would update and correct sections of the West Virginia Rail Trails Program.

Senate Bill 588 provides for updated definitions to include a definition of “rail with trail.”

The bill also addresses railroad liability and safety risk concerns proposed during the 2021 regular legislative session. This legislation will allow abandoned railroads to be converted into trails or recreational areas, with no liability on the railroad companies.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until Monday, Feb. 28, at 11 a.m.

Judiciary is currently meeting in 208W.

Monday Morning’s Meetings:

Judiciary at 9 a.m. in 208W.

Government Organization 15 minutes following Judiciary in 208W.

Division of Multimodal Transportation Bill Advances to Senate

House Floor Session

Cheyenne DeBolt

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February 25, 2022

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Division of Multimodal Transportation Bill Advances to Senate

With 15 days left in the 2022 session, the House passed nine bills and refused to concur with the Senate in House Bill 4333.

House Bill 4333 sunsets the Board of Hearing-Aid Dealers and Fitters. The Senate amended the bill to assign the regulation of hearing aid dealers and fitters to the Board of Examiners for Speech-Language Pathology and Audiology. The Senate’s amendment also added the requirement of a licensed hearing aid fitter on the Board. The House refused to concur with this amendment and has asked the Senate to recede.

House Bill 4492 merges the Public Port Authority, the WV State Rail Authority, the Division of Public Transit, and the WV State Aeronautics Commission into the West Virginia Division of Multimodal Transportation. The division will administer all federal and state programs related to public ports, railroad transportation and commerce, public transit, aeronautic, airports, and air navigation facilities in the state. The Secretary of the DOT will be the chief operating officer of the division. The Secretary will coordinate with the Secretary of the Department of Economic Development to facilitate economic development utilizing transportation facilities.

Senate Bill 221 creates an occupational therapy compact and establishes the Occupational Therapy Compact Commission.

House Bill 4510 requires third-grade students to be competent in reading and math before advancing to the fourth grade.

The House is in recess until 5:30 p.m. today.

Committees – Today

The Education Committee will meet at 2:15 p.m. in Room 434.

The Finance Committee will meet at 2:30 p.m. in Room 460.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3:15 p.m. in Room 215E.

The Rules Committee will meet at 5:15 p.m.

Committees – Monday, February 28, 2022

The Committee on Pensions and Retirement will meet at 1 p.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 410.

The Education Committee will meet at 3 p.m. in Room 434.

Public Hearings

The Judiciary Committee will hold a Public Hearing on February 28, 2022 at 8:30 a.m. in the House Chamber for House Bill 4753 – Prohibiting locating certain homeless facilities near schools and certain daycares.

CANCELLED Public Hearing at 9:30 a.m. in the House Chamber for House Bill 2908 – Relating to disclosure of information by online marketplaces to inform consumers

The Government Organization Committee will hold a Public Hearing on February 28, 2022 at 6 p.m. in the House Chamber for House Bill 4840 – Relating to Office of Miners Health.

Senate Passes “Best Interests of the Child Act”

Senate Floor Session

Christopher Marshall

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February 24, 2022

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Senate Passes “Best Interests of the Child Act”

The Senate passed a bill Thursday that would require courts to consider whether fifty-fifty custody would work out for children and families.

Senate Bill 463 would have deliberations in family courts begin with a presumption of fifty-fifty custody, analyze whether that is realistic and, if it isn’t, lay out the reasoning as to why it is not possible.

The legislation notes that actions in the court system may reveal that equal joint custody is not actually in the best interest of the child. One exception would be cases where the mother and father have reached an agreement on parenting time, or if one of the parties does not request any specific custody arrangement.

Other exceptions would be if one of the parents has committed an act of domestic violence against the other or if one of the parties is a sex offender.

Supporters of the bill said it provides the family court judges with enough flexibility to decide what is best for the children. Opponents of the bill conceded that in an ideal world, fifty-fifty would be best, but noted that life rarely plays out in ideal circumstances. They believe that with such emotional, competing interests, the judge should have full discretion.

The bill passed on a 25-9 vote. The legislation now heads to the House of Delegates for consideration.

The Senate is adjourned until Friday, Feb. 25, at 11 a.m.

Afternoon Meetings:

Health at 1:30 p.m. in 451M.

Energy at 1:30 p.m. in 208W.

Education at 2:30 p.m. in 451M

Government Organization at 2:30 p.m. in 208W.

Finance at 3:30 p.m. in 451M.

Judiciary at 3:30 p.m. in 208W.

Tomorrow morning meetings:

Health at 9 a.m. in 451M.

Banking and Insurance at 10 a.m. in 451M.

Four Bills Passed on Day 44

House Floor Session

Cheyenne DeBolt

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February 24, 2022

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The House convened for Day 44 of the 2022 session.

The House Rules Committee met this morning, advancing SCRs 6, 17, 27 and HCR 89 to the House Floor. The Committee also moved Senate Bill 25 from the Special Calendar to the House Calendar. The Committee moved House Bill 4105 and House Bill 4331 to the Special Calendar.

The House concurred with the Senate on three bills, completing two and amending one.

House Bill 4299 prohibits certain intentional actions obstructing or interfering with a voter.

House Bill 4312 allows first responders to vote by electronic absentee ballot in certain emergency circumstances.

House Bill 3303 clarifies that no appointment to an unfilled vacancy may be made after a primary election. The bill was amended further.

Committee references for Senate Bill 639 were dispensed of and it was read a first time.

Four bills passed the House.

House Bill 4105 provides that county BOE must consider any bus driver candidate who is certified as a Director or Supervisor of Pupil Transportation by the National Association for Pupil Transportation Certification. The bill was amended to state anyone who provides training or evaluation of bus drivers must also be certified as a bus driver. The individual may be hired without the certification, but must earn the certification in the first year of employment.

House Bill 4491 establishes a new legal and regulatory framework for drilling of injection wells and operation for facilities for the underground sequestration of injected carbon dioxide.

House Bill 4627 permits no more than two licensed laboratories to perform testing under the West Virginia Medical Cannabis Act until January 1, 2025. The purpose of this bill is to allow the two companies who have invested millions to do medical cannabis testing at the request of the DHHR to see a return.

House Bill 4712 requires the prompt enrollment in payment plans for costs, fines, forfeitures, restitution, or penalties in circuit court and magistrate court. The bill limits the maximum length of payment plans to three years in magistrate court and five years in circuit court.

The House is in recess until 5 p.m. today.

Committees – Today

The Committee on Health and Human Resources will meet at 1:30 p.m. in Room 215E.

The Judiciary Committee will meet at 2:30 p.m. in Room 410.

The Education Committee will meet at 3 p.m. in Room 434.

The Government Organization Committee will meet at 3 p.m. in Room 215E.

The Finance Committee will meet at 3 p.m. in Room 460.

Committees – Friday, February 25, 2022

The Finance Committee will meet at 9 a.m. in Room 460.

The Judiciary Committee will meet at 9 a.m. in Room 410.

The Rules Committee will meet at 10:45 a.m.

Anti-Stereotyping Bill Discussed, No Action Taken in Judiciary

House Committee

Cheyenne DeBolt

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February 24, 2022

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Anti-Stereotyping Bill Discussed, No Action Taken in Judiciary

House Judiciary met this morning.

House Bill 4779 permits banks the discretion to choose whether to receive deposits, in any amount, from other banks, saving banks, or savings and loan associations when arranging for the re-deposits of county, municipal, and state funds. The bill advances

House Bill 4787 creates the Highly Automated Motor Vehicle Act, permitting vehicles with automated driving systems to operate on West Virginia roadways and highways. The bill advances to the floor.

House Bill 4753 prohibits locating temporary homeless encampments within 1,000 feet of a school or licensed daycare facility. The bill provides a private right of action to enforce this prohibition. The bill advances to the House floor. There will be a public hearing before the bill is considered on the House floor.

House Bill 4595 establishes a program for camera-assisted speed enforcement in active work zones to be implemented by the WV DOT. Debate will continue this afternoon.

The Committee is in recess and will continue its agenda this afternoon.

The Judiciary Committee continued discussion on House Bill 4595 when it reconvened. The cameras would only be triggered if a driver was going more than 10 miles an hour over the posted speed limit while workers are present. The cameras would be on highways and byways.

After a long discussion, the bill advanced to the floor as amended.

House Bill 4373 excludes fentanyl test strips from the definition of drug paraphernalia. The bill advances to the floor.

House Bill Originating, relating to distribution and exhibition of material depicting minors engaged in sexually explicit conduct, clarifies individuals involved in prosecuting any individual accused of distributing this material cannot be accused of the same crime when providing evidence to experts in court. The bill advances.

House Bill 2136 grants counties and municipalities a portion of the net terminal income from racetrack video lottery. The bill advances to Finance.

House Bill 4011 requires schools or county boards of education to post on websites all training material used for school personnel training on all matters of nondiscrimination, diversity, equality, inclusion, race, ethnicity, sex, or bias.

The bill requires all instructional or curricular materials concerning nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex or bias be posted on the website and identify the title, author, organization, and website associated with the material, a brief description of material, a link to the material, and name of the teacher who created the material.

The bill reiterates a county board, public school, public charter school, or any employee thereof, may not, in the course or scope of employment, promote, embrace, or endorse stereotypes based on race, sex, ethnicity, religion, or national origin.

The bill will voted on another time, as the Committee had to adjourn for the evening Floor Session.

Senate Passes 16 Bills

Senate Floor Session

Christopher Marshall

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February 23, 2022

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The Senate passed 16 bills during Wednesday’s floor session.

Senate Bill 643 removes residency requirements of members appointed to the county airport authority

Senate Bill 650 eliminates the number of royalty owners required for utilization by operator for lawful use and development by co-tenants.

Senate Bill 651 allows county Boards of Educations participating in operation of multi-county vocational centers to withdraw.

Also on Wednesday, the body adopted Senate Resolution 38, which reaffirms and supports the bilateral trade agreement between the United States and Taiwan.

The Senate is adjourned until tomorrow, Feb. 24, at 11 a.m.

Finance will meet at 3:15 p.m. in 451M.

Judiciary will meet at 3:15 p.m. in 208W.